Islamabad: The Supreme Court ordered immediate withdrawal of the notices issued against the journalists due to criticism and directed the DGFIA to meet with the journalists.
A case of automatic notice against harassment of journalists by FIA was heard. A three-member bench headed by Chief Justice Qazi Faiz Isa conducted the hearing.
The court ordered that it is the right of every citizen and journalist to criticize, so no action should be taken against anyone if the matter is limited to criticism. The Supreme Court also stopped any action against the journalists summoned to the court.
The Supreme Court ordered that the federal government should provide a report against violence against journalists in two weeks and tell what progress has been made in the cases so far.
According to the court order, the accused are related to a sensitive institution under the federal government and it was informed that the notices have been issued for criticizing the court.
The Chief Justice directed the Attorney General that blasphemy is a different matter, but FIA should not take action merely on the basis of criticism. The Attorney General assured the government not to act on criticism.
Report of the hearing
While talking to the Attorney General, the Chief Justice made important remarks that he is strongly against stopping criticism because the freedom of press is in the constitution, I don’t care if you make fun of me, but if you make fun of the judiciary, the country will suffer. You must criticize the Supreme Court, but the Constitution also has some limitations.
The Chief Justice remarked that if you think that you are benefiting me or the Supreme Court by stopping criticism, then you are doing harm. The issue of dissemination is different, they cannot stop any journalist or general public from criticizing, no case will be filed for criticizing the Supreme Court.
Justice Musrat Hilali remarked that social media has caused a lot of damage to institutions, what is written on the thumbnail is not inside, it is very strange. Fair criticism is not a problem but the language used is wrong.
Chief Justice Qazi Faiz Isa remarked that swearing is wrong, but criticism is not prohibited. If a journalist is arrested just for criticizing, it is wrong. I don’t care about swearing, but there should be limits. We will also give rights to those who are not in front of us. I welcome criticism on myself.
Justice Musrat Hilali remarked that he had even made fun of the Quaid-e-Azam, upon which journalist Matiullah Jan said that Arshad Sharif’s murder should also be set as a motive. The Chief Justice said that Arshad Sharif’s case can be put on the next hearing, at this time he does not want to give any orders that conflict with the ongoing orders in Arshad Sharif’s case.
President Supreme Court Bar said that there should be criticism of the judgment but not fabricated stories should be made against the judges.
Justice Muhammad Ali Mazhar remarked that YouTube has no code of conduct, PEMRA has a code of conduct for TV and what happens in a YouTube thumbnail does not happen in a video.
The Chief Justice remarked that along with hate speeches, some other things also happen only in Pakistan, polio workers are killed and bombs are thrown in women’s schools, why does the government not do anything against extremist thinking? Why aren’t those who prevent women from voting and polio shots caught? Look at what happened in Jaranwala, everything is the result of hatred, these people have been used, now they have become dragons, why did not they arrest the person who gave the fatwa to prevent women from voting?
Justice Muhammad Ali Mazhar raised the question that if the media wants to create a code of conduct, then tell me whose help is needed? The Chief Justice asked whether the Press Association denies any false news. If there is a defamation case, there will be no decision for 50 years, Chief Justice. Justice Musrat Hilali remarked that earning money through abuse has become a source of livelihood for people, it is very sad.
During the hearing, the Chief Justice asked what happened to the brutal torture. On which Attorney Journal said that a case of brutal torture was registered. The Chief Justice asked the journalist: Asad, do you recognize the accused? Asad replied that if the accused come forward, I can recognize them. The accused kept using mobile phones at my flat but geofencing was not done.
The Chief Justice remarked that why the sketches and fingerprints of the accused were not shared with the ISI. The institution will have a complete record of its employees, is the case of Asadtura active or has it been seen in the cold room?
Journalist Asad Toor said that I was trapped in the petition filed in 2021, dissociating myself from the three-year-old petition but agreeing with the recent declaration. The Chief Justice asked Asad if you had made false allegations. Asad directly replied to stick to the allegations made in the FIR.
The Chief Justice remarked that you should not proceed with the case, we will give you basic rights, if you are under pressure, we will not allow you to withdraw the case. In response, Asad Toor said that there is no pressure on me, when the application was filed in 2021, I understood that Matiullah Jan was also with me, the procedure in which the application was made in the courtroom is not correct. The Chief Justice said in his remarks that I am also not satisfied with the manner in which the application was received.
Journalist organizations demanded that the notices sent by the FIA be suspended. The Chief Justice said that the case will be heard again tomorrow, that’s what we are, don’t worry.
The hearing of the Spontaneous Notice case against harassment of journalists was adjourned till yesterday.
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